Key Takeaways
- Utah uses a modified comparative negligence system, meaning you can recover compensation only if you are less than 50% at fault for the accident.
- Your compensation is reduced by your percentage of fault, making accurate fault determination essential for maximizing your recovery.
- Strong legal representation matters. Steele Adams Hosman helps Utah injury victims challenge unfair fault assignments and pursue full, fair compensation.
Understanding Utah’s comparative negligence law is one of the most important steps in protecting your right to compensation after an accident. Whether you were hurt in a car crash on I-15, a slip and fall in Sugar House, a pedestrian accident along State Street, or a bicycle collision in Millcreek, fault matters, and it directly affects how much you can recover.
Utah does not follow a simple “all or nothing” system. Instead, the state uses modified comparative negligence, a rule that determines how financial responsibility is shared when multiple parties contribute to an accident. This system is meant to be fair, but in practice, insurance companies often use it to shift blame onto injured victims and reduce payouts.
This guide explains how Utah’s comparative negligence rule works, how fault is calculated, and what you can do to protect yourself if an insurance company tries to overstate your responsibility for an accident.
What Is Comparative Negligence?
In simple terms, comparative negligence is a legal doctrine that determines how much compensation you can recover if you were partially at fault for your own injuries.
Utah follows a modified comparative negligence (50% bar) system. Here’s what that means for injured people:
- If you are 0–49% at fault: You can still recover compensation, but it is reduced by your percentage of fault.
- If you are 50% or more at fault: You are barred from recovering any compensation at all.
So, if you are found 10% responsible, your total compensation is reduced by 10%.
If you are found 50% responsible, you receive nothing.
Even a 1% shift in fault can make a significant difference in your payout. That’s why insurance companies aggressively argue that injured victims contributed to their own accidents.
Why This Matters in Real Life
Imagine you are hit by a distracted driver while crossing the street in Murray. The driver’s insurance company may argue that you:
- Wore dark clothing at night
- Crossed outside a crosswalk
- Were looking at your phone
If they can increase your fault percentage, they can reduce or eliminate your compensation. Understanding Utah’s comparative negligence rules empowers you to protect your rights.
How Comparative Negligence Impacts Your Utah Injury Claim
Because your percentage of fault affects your recovery, fault becomes one of the most contested parts of a personal injury case.
1. Your Compensation Is Reduced by Your Percentage of Fault
Let’s say you file a claim valued at $100,000.
If you are determined to be:
- 0% at fault: You may receive the full $100,000
- 20% at fault: You may receive $80,000
- 49% at fault: You may receive $51,000
- 50% at fault: You receive $0
The financial impact is clear, and insurance companies take advantage of this system whenever possible.
2. Insurance Companies Use Comparative Negligence Against Victims
Insurers often argue:
- You were speeding
- You were momentarily distracted
- You were not paying attention
- You ignored warning signs
- You contributed to the accident in some small way
Even minor allegations (like “you should have seen the hazard sooner”) can be used to shift fault onto you.
This makes having strong legal representation critical. Steele Adams Hosman investigates every accident meticulously, counters unfair fault claims, and fights to keep your percentage of responsibility low.
3. The Severity of Your Injuries Does Not Affect Your Percentage of Fault
Comparative negligence is based only on each party’s actions—not how badly they were injured.
For example, in a severe crash on Foothill Drive, you may suffer traumatic injuries while the other driver walks away unharmed. But if the insurer can argue you were 50% responsible, you may recover nothing despite your catastrophic injuries.
Your injuries determine how much your case is worth, but your percentage of fault determines how much of that amount you can actually receive.
How Do You Prove Fault in a Utah Accident Case?
Proving fault requires compelling evidence. Because every percentage point matters, your case must be supported with strong documentation.
Key evidence used to establish fault includes:
- Police reports
- Photographs or video of the scene
- Surveillance or traffic camera footage
- Witness statements
- Vehicle damage reports
- Phone records (in distracted driving cases)
- Medical records and injury timelines
- Expert testimony (accident reconstruction specialists, engineers, medical experts)
Insurance companies often cherry-pick evidence to blame you. That’s why gathering a complete, accurate picture of what happened is essential.
How Utah’s No-Fault System Affects Fault and Compensation
In car accident cases, Utah first requires injury victims to go through their own personal injury protection (PIP) coverage before pursuing a claim against the at-fault driver.
To seek additional compensation (such as pain and suffering) you must meet both of the following:
- You incurred at least $3,000 in medical bills or suffered a “serious injury” (such as permanent disability, disfigurement, or impairment).
- You can prove the other party was negligent.
Once you meet those thresholds, comparative negligence becomes crucial in determining:
- Whether you can recover anything
- How much you can ultimately recover
Steele Adams Hosman helps clients document their injuries, prove they meet the “serious injury” threshold, and build a strong negligence case against the at-fault driver.
Examples of Comparative Negligence in Common Utah Cases
Car Accidents
Example: You are rear-ended on I-80, but the insurer argues you braked suddenly.
They may try to assign you 20–30% fault to reduce your payout.
Pedestrian Accidents
Example: You’re hit while crossing at a crosswalk near the University of Utah.
The driver may claim you stepped into the street too quickly.
Slip and Fall Injuries
Example: You slip on an icy sidewalk in Salt Lake City.
A property owner may argue you were wearing improper footwear.
Bicycle and E-Scooter Collisions
Example: A driver hits you in Sugar House, but claims you were not in the bike lane.
In every scenario, insurers look for ways to shift blame, sometimes unfairly. Our attorneys push back against weak or speculative fault claims.
Why Fault Percentage Is Difficult to Calculate Without Legal Help
Determining fault isn’t an exact science. It often involves:
- Conflicting witness accounts
- Interpretation of traffic laws
- Expert opinions
- Crash reconstruction
- Insurance company bias
Without an attorney, you may unknowingly accept an unfairly high percentage of fault, which directly reduces your compensation.
Steele Adams Hosman works with medical experts, accident reconstruction professionals, investigators, and witnesses to build strong, evidence-backed cases designed to minimize your fault percentage.
How Steele Adams Hosman Protects Your Right to Compensation
When you’re injured through no fault of your own, you should not have to battle insurance companies alone. At Steele Adams Hosman, we help clients throughout Utah (Salt Lake City, West Jordan, South Jordan, Sandy, Draper, and surrounding communities) understand their rights and fight for full compensation.
Our team helps by:
- Gathering evidence to show you were not primarily at fault
- Challenging inaccurate or unfair fault assignments
- Working with experts to reconstruct the incident
- Handling communication with insurance companies
- Calculating the true value of your claim
- Pursuing compensation in court when necessary
Comparative negligence cases can be complex and emotionally draining. You deserve a team that listens to your story, advocates for your rights, and stands up to insurers.
Steele Adams Hosman Is Here to Help
Utah’s comparative negligence law is complicated, and insurance companies are quick to use it against injured victims. You don’t have to navigate the process alone. Steele Adams Hosman offers compassionate, experienced representation to help you pursue the justice and compensation you deserve.
Call Steele Adams Hosman today to schedule a free consultation and let our attorneys guide you through every step of your claim.
FAQs
1. What does “50% bar” mean in Utah’s comparative negligence law?
It means you cannot recover compensation if you are 50% or more at fault for the accident.
2. Can I still recover money if I was partially at fault?
Yes, if you are less than 50% responsible. Your compensation will be reduced by your percentage of fault.
3. Who decides the percentage of fault?
Fault can be determined by insurers, attorneys, negotiations, or ultimately a judge or jury if your case goes to trial.
4. Does comparative negligence apply to all personal injury cases in Utah?
It applies to most, including car accidents, pedestrian injuries, bicycle crashes, slip and fall incidents, and more.
5. How can an attorney help reduce my percentage of fault?
A skilled attorney gathers evidence, challenges unfair claims, works with experts, and builds a strong case showing why you were not primarily responsible.
